* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90110 times)

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Offline pem

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Re: LGB legal issues
« Reply #10 on: 27/02/08, 13:45 »
Nat, thanks for all your advice about these issues, I am in a bit of a faff now as we want DP to be the legal mother for all the above reasons but also recognise that we want LO to have contact with her dad, it is hard to do what you feel is best for LO. We will have to cross all these bridges as we come to them.

thanks for your help

Emma

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    Offline NatGamble

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    Re: LGB legal issues
    « Reply #11 on: 28/02/08, 08:32 »
    I have sympathy - co-parenting situations just really don't fit into the law at all.  It seems everything is set up for having two parents and the concept of having three (or even four) is just impossible for our legal system.

    Offline nickster

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    Re: LGB legal issues
    « Reply #12 on: 28/02/08, 09:19 »
    Tell me about it...! ;D

    Offline TerriWW

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    Re: LGB legal issues
    « Reply #13 on: 13/03/08, 09:01 »
    I hope you don't mind me joining but me and my partner are just trying to sort the legal parent issues out too.

    2 friends of ours have given us advice but having read this thread, I'm not sure it's correct. They have the following:
    1. a civil partnership
    2. the non biological mother has the parental responsibility order
    3. They have wills. The biological mother's will states that if her civil partner is not living then X should be guardian of her children.

    They seem to think that the civil partnership and parental responsiblity order mean that should the bilogical mother die, the non bioi mother would automatically be guardian and that's why the will is worded as it is - it implies that if the biological mother civil partner (the non bio mum) is alive then she will be guardian anyway.

    We were going to have the same done but now I'm not sure it covers what we need.

    The most important thing to us is that if anything should happen to me (biological mum), our son and any future children would definitely stay with my partner.

    Does anyone know if adoption is the only way of guaranteeing this of if a combination of civil partnership, parental responsibility order and will can cover it.

    Thanks for any info

    Terri

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #14 on: 14/03/08, 11:17 »
    Hi Terri - and welcome to the thread

    The advice you have is roughly right, but hopefully this clarifies.  For the best protection you need to do three things:

    1.  Make wills as soon as you are pregnant (or before) - an appropriately worded guardianship clause will confer parental responsibility on the non birth mother if the birth mother dies.  This is the only way of guaranteeing this before the birth (so protects against a death in childbirth or shortly after - hopefully unlikely!).

    2.  Get parental responsibility once your baby is born.  This gives the non birth mother the right to act as a parent (talk to doctors, teachers etc) assuming the birth mum is still alive  (the guardianship appointment in the will doesn't do this because it only kicks in if she has died). 

    3.  Adopt.  This gives the non birth mum full legal parenthood and you can apply once your baby is six months old.  It means she will be regarded as mother for all legal purposes (including inheritance) for the whole of your child's life, and not just until they are 18.

    Each piece of the puzzle achieves something slightly different, elevating non birth mum's status increasingly as you go.  Doing your wills alone is sufficient to protect her right to look after your child if birth mum dies, but it doesn't give her status as a parent assuming you are both still alive, which is what the other two steps are designed to do.

    If you want to arrange a proper consultation and I can help you get all this sorted, just let me know.

    Best wishes.

    Natalie

    Offline TerriWW

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    Re: LGB legal issues
    « Reply #15 on: 15/03/08, 13:32 »
    Nat

    Thank you for that reply. I really like it when someone answers a question so fully, logically and succinctly - brilliant. I feel I'm fully informed now. I just need to speak to my partner to see when we do each stage. I think we need to get a civil partnership before we do the wills so that we dont have to make any amendments to the wills after. And then the wills should fulfull our immediate needs and we can look into the parental responsiblility order and adoption at a later date.

    Thanks again. I'll be in touch if we need help with the wills

    Terri

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #16 on: 16/03/08, 21:09 »
    No problem at all.  You can do your wills before registering if you want to - they won't be revoked as long as they have a special clause in them saying they are made in 'contemplation of' registering as civil partners.

    Offline motos

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    Re: LGB legal issues
    « Reply #17 on: 1/04/08, 15:39 »
    While we're on the subject ....

    Can you tell me how different the situation is in Scotland?

    Also (as I'm sure that it is different, and I really need to be making a will - and should probably provide for the fact that we are planning to get pregnant in it) can you recommend anyone in Glasgow? I have found one private client lawyer in Edinburgh (Donald Reid) which I guess is doable if we can't find someone closer, but I can't believe there isn't anyone closer ...

    Thanks for any tips!

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #18 on: 1/04/08, 20:11 »
    Hi Motos

    The situation's very different in Scotland (both with the wills and with adoption - new Scottish adoption laws are due to come into force later this year, and will allow same sex adoption for the first time).

    I have a great contact in Edinburgh with experience helping same sex couples and a very welcoming approach.  If you email me, I'll give you her contact details if you like.  I'm afraid I don't know anyone in Glasgow.

    Natalie
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    Offline motos

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    Re: LGB legal issues
    « Reply #19 on: 2/04/08, 21:43 »
    Thanks for thatNat, I've dropped you an email.